The heating costs regulation (HeizkostenV) is a statutory order, which regulates the account over the heating costs and warm water in the renting relationship and in the residential property relationship.

Beside the second computation regulation and the operating cost regulation the heating costs regulation is one the substantial Kodifikationen of the rental law beside the civil law book.

In principle the heating costs regulation ("§ 3) applies also to the (after the WAY.

Priority clause

The heating costs regulation applies in accordance with "§ 2 HeizkostenV in principle before each right-business agreement over the warm water and account of heating costs, it is, this concerns a building with one or with two dwellings, of which one of the landlord is inhabited.

Obligation of the consumption collection and for cost allocation

The owner of the building is obligated to determine proportionate consumption with suitable devices. A requirement on fulfilment of this obligation stands for the user too ("§ 4 exp. 4 HeizkostenV).

In principle an obligation exists for the distribution of the costs as a function of consumption. This cost allocation results then from the distribution formulas depending upon used plant. With common rooms is to be determined after distribution the contractual regulation.

Distribution formulas ("§"§ 7-9)

Heating system or heat supplies ("§ 7)

With supply systems for warmth are to be distributed between 50 and 70 per cent of the operating cost of the central heating system over the users after their seized heat consumption. The remaining costs can be distributed after living and/or effective area. This applies also to costs in the case of heat supply. As costs are considered:

• used fuels and their supply
• the electrical supply of the heating system
• Monitoring, maintaining and operating costs
• Costs of the regular expert examination and maintenance of the plant
• Cleaning costs of the plant and the operating room
• Costs of measurements after the BImSchG
• Computation and allocation costs

Warm-water supply plants ("§ 8)

To the cost allocation applies likewise one span from 50 to 70 per cent after consumption. Remaining costs are to be distributed after the living or effective area.

As costs are considered here:

• Costs of the water supply, if no separate account takes place
• Costs of the water heating up (as in "§ 7)

As costs of the water supply become

• the water consumption
• Basic charges
• Counter rent (and costs of intermediate counters)
• Operating cost of the internal water supply plant
• Operating cost of a water treatment plant and their preparation material

designated.

Connected plants ("§ 9)

With connected plants, which provide for warmth and warm water, the computation is more complicated.

The distribution formula is legally fixed. The fuel consumption with a central warm-water supply plant (B) reads therefore:

B = {2.5 * V * (t_w - 10) \ over H_u} how

• V the measured volume of the used up warm water represents (in cubic meters),
• powerplant the measured or estimated middle temperature of the warm water in degrees Celsius
• Hu the heat value of the used up fuel in kilowatt-hours (a KW/H) per litre (l) /Kubikmeter (m /Kilogramm (kg)

represents.

For the heat value the following values are legally specified:

• Fuel oil: 10 kWh/l
• Town gas: 4,5 kWh/m
• Natural gas L: 9 kWh/m
• Natural gas H: 10,5 kWh/m
• Brechkoks: 8 kWh/kg

Besides for the new Lands of the Federal Republic:

• Brown coal briquette: 5,5 kWh/kg
• Braunkohlenhochtemperaturkoks: 8 kWh/kg

If the power supply firm indicated separate heat values, then these apply.

With central warm-water supply plants the amount of heat (Q) with a heat counter is to be measured or becomes by the formula Q = 2 * V * (t_w - 10) (whereby V and powerplants are to be accepted the above Massstaben accordingly) calculated.

Entry area

To the entry area the heating costs regulation applies for five new Lands of the Federal Republic with east Berlin starting from 1 January 1991. The agreement contract specified several regulations going by in plant I chapter V subject D section III No. 10.

Exceptions

Old, maintaining, student and apprentice hostels (or homogeneous dwellings) do not fall under the regulations "§"§ of the 3 - 7 the HeizkostenV. Furthermore of it before 1 July the 1981 referencefinished premises are seized, in which the user does not have influence possibilities on the heat consumption. Is favoured - if federal state law plans this - in this regard also building, which is equipped with heat pumps, solar plants, force heat coupling plants or waste heat plants, whereby in the last two cases no collection of the heat consumption takes place.

Shortening right

The user of the premises, which do not fall under the residential property, may shorten the costs at a value of 15 per cent, which are allotted to him, during a not consumption-dependent Kostenabrechnung.

Web left

• Heating costs regulation with Juris

Literature

• Siegfried Lammel, heating costs regulation - regulation on the consumption-dependent account of the heating and warm water costs, (regulation over account of heating costs - HeizkostenV), 2. Edition, C.H. Beck, Munich 2004, ISBN 3-406-50576-7

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